28 CFR Part 35 · Subpart E — Communications
§ 35.161 Telecommunications
Last updated June 11, 2026
What 28 CFR §35.161 requires of state and local governments.
In Plain Language
Public entities that communicate by telephone must make equivalent telephone services available to people who are deaf, hard of hearing, or have speech disabilities. This may be accomplished through TTY devices or other equally effective systems. Automated telephone systems must also be accessible. This requirement predates and coexists with web accessibility. Both phone and digital access must be addressed.
This summary is not official legal text. For authoritative guidance, consult the official regulatory text and Department of Justice guidance at ada.gov.
This summary is educational, not legal advice. The official text below controls.
Official Regulatory Text — 28 CFR § 35.161
Verbatim from 28 CFR Part 35, current through June 9, 2026.
(a) Where a public entity communicates by telephone with applicants and beneficiaries, text telephones (TTYs) or equally effective telecommunications systems shall be used to communicate with individuals who are deaf or hard of hearing or have speech impairments.
(b) When a public entity uses an automated-attendant system, including, but not limited to, voicemail and messaging, or an interactive voice response system, for receiving and directing incoming telephone calls, that system must provide effective real-time communication with individuals using auxiliary aids and services, including TTYs and all forms of FCC-approved telecommunications relay systems, including Internet-based relay systems.
(c) A public entity shall respond to telephone calls from a telecommunications relay service established under title IV of the ADA in the same manner that it responds to other telephone calls.
[AG Order No. 3180-2010, 75 FR 56184, Sept. 15, 2010]
What § 35.161 Means in Practice
- Where entities communicate by phone, TTYs or equally effective telecommunication systems must be available
- Entities must accept and respond to relay calls placed through telecommunications relay services, including 711 calls
- Hanging up on relay calls is a common and avoidable violation
- Automated phone systems must work for relay users and provide effective real-time communication
Common Questions
We use a modern VoIP phone system. Do we still need TTY capability?
You must provide equivalent access. TTY is one method. Compatible relay service capability in your phone system may satisfy the requirement. Consult your telecom provider.
Our automated phone system is not TTY compatible. Are we in violation?
Potentially. Automated systems must be accessible to TTY users. Work with your telecom vendor to assess compatibility.
Does § 35.161 apply to your entity?
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